LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION May 3, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3080 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to prohibit imposition of the death penalty on a defendant who, at the time of the commission of the capital offense, had a severe mental illness. The bill would establish procedures for a pre-trial hearing at which the defendant would have the opportunity to prove that he or she had a severe mental illness at the time of the offense and would allow the prosecution an opportunity to respond. Based on the analysis of the Office of Court Administration and the Texas Department of Criminal Justice, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice LBB Staff: UP, KJo, PBO, GDz LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION May 3, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3080 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. ), Committee Report 1st House, Substituted TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB3080 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. ), Committee Report 1st House, Substituted Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB3080 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. ), Committee Report 1st House, Substituted HB3080 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to prohibit imposition of the death penalty on a defendant who, at the time of the commission of the capital offense, had a severe mental illness. The bill would establish procedures for a pre-trial hearing at which the defendant would have the opportunity to prove that he or she had a severe mental illness at the time of the offense and would allow the prosecution an opportunity to respond. Based on the analysis of the Office of Court Administration and the Texas Department of Criminal Justice, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice LBB Staff: UP, KJo, PBO, GDz UP, KJo, PBO, GDz